NLRB v Jones - NLRB v. Jones & Laughlin Steel Corp. 301...

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1 301 U.S. 1 (1937) United States Supreme Court [Congress relied on its power to regulate “interstate commerce” when it enacted the National Labor Relations Act (NLRA). The NLRA provides employees with rights to collective bargaining and protects certain concerted activities among workers. This case dealt with constitutional challenges to Congress’ reliance on the commerce clause to enact the NLRA] We think it clear that the National Labor Relations Act may be construed so as to operate within the sphere of constitutional authority. The jurisdiction conferred upon the Board, and invoked in this instance, is found in § 10 (a), which provides: "SEC. 10 (a). The Board is empowered, as hereinafter provided, to prevent any person from engaging in any unfair labor practice (listed in section 8) affecting commerce." The critical words of this provision, prescribing the limits of the Board's authority in dealing with the labor practices, are "affecting commerce." The Act specifically defines the "commerce" to which it refers (§ 2(6)): "The term 'commerce' means trade, traffic, commerce, transportation, or communication among the several States, or between the District of Columbia or any Territory of the United States and any State or other Territory, or between any foreign country and any State, Territory, or the District of Columbia, or within the District of Columbia or any Territory, or between points in the same State but through any other State or any Territory or the District of Columbia or any foreign country." There can be no question that the commerce thus contemplated by the Act (aside from that within a Territory or the District of Columbia) is interstate and foreign commerce in the constitutional sense. The Act also defines the term "affecting commerce" (§ 2 (7)): "The term 'affecting commerce' means in commerce, or burdening or obstructing commerce or the free flow of commerce, or having led or tending to lead to a labor dispute burdening or obstructing commerce or the free flow of commerce." This definition is one of exclusion as well as inclusion.
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This note was uploaded on 05/18/2008 for the course ILRCB 2010 taught by Professor Lieberwitzr during the Spring '07 term at Cornell University (Engineering School).

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NLRB v Jones - NLRB v. Jones & Laughlin Steel Corp. 301...

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